§343-F. Reporting and disclosure requirements

An environmental professional who obtains analytical information indicating a discharge
or release of a hazardous substance, hazardous waste, hazardous matter, special waste,
pollutant or contaminant, including petroleum products or by-products at a site, at
levels that, in that professional's best professional judgment, require removal or
remedial action to prevent significant threats to public health or the environment
shall advise that professional's client of that information. [1993, c. 355, §5 (NEW).]

If the client of the environmental professional is not the owner or operator of the
site, the client shall disclose the analytical information to the owner or operator
of the site. Upon receipt of that information, the owner or operator shall submit
this information to the commissioner within a reasonable time period unless the time
period is otherwise prescribed by law. This section does not affect the legal protections
afforded to confidential business information or other privileges, if any, that may
be applicable. If the client makes a disclosure and the owner or operator does not
submit this information to the commissioner, the client and the environmental professional
may not be held liable for the owner's or the operator's failure to disclose. [1993, c. 355, §5 (NEW).]

An applicant or permit holder who directly or indirectly retains an environmental
professional for the purpose of providing information to the department shall disclose
to the department if the environmental professional has a direct or indirect financial
interest in the applicant, the permit holder or the property or activity that is the
subject of the permit. [2007, c. 399, §8 (NEW).]

SECTION HISTORY

1993, c. 355, §5 (NEW).
2007, c. 399, §8 (AMD).

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